SHAILAJA DEVLE Vs. SAMEER DEVLE

JUDGEMENT

(1.) THIS appeal filed against the dismissal of the application under Order 9 Rule 13 of CPC has been taken up today with the consent of the parties.

(2.) BRIEFLY stating the facts giving rise to the filing of this appeal are that the respondent/husband just after few months of marriage filed an application under Section 13 of the Hindu Marriage Act (hereinafter referred to as Act) for dissolving his marriage with the appellant on the basis of the allegation that the appellant treated him with cruelty. The admitted facts are: -

(3.) THE respondent appeared in those proceedings and brought to the notice of the appellant about the ex -parte proceedings regarding grant of decree of divorce in H.M.A.Case No.145/2011 on 20.05.2011. On receipt of the information, the appellant filed an application under Order 9 Rule 13 CPC on June 10, 2011 at Indore. In those proceedings, she also placed on record copy of the petition filed by her under Section 9 of the Act in Kota Family Court being H.M.A.Case No.525/2010 which it was stated is still pending.